Thread: HarperCollins Sues Open Road Over E-Book Rights
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Old 12-28-2011, 08:44 AM   #19
Kali Yuga
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The complaint claims that the contract explicitly references computer and electronic means, including ones invented after the contract was written.

I have no idea whether that clause was standard in their contracts circa 1971, though they are routine now. I believe many older contracts did not have any references to electronic distribution.

Though this may seem like a lock for HarperCollins, I'd still say that the entire contract will need to be thoroughly reviewed in court to determine who holds the ebook rights. E.g. a court may find some other language in the contract which gives the author the right to reassign the electronic rights... or not.


Quote:
Originally Posted by fjtorres
Don't contracts get updated and terms added/adjusted over time?
They can, but in that type of instance both parties would need to explicitly agree to the changes. This is not like a service agreement with a website that can be updated any time.
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